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State control over private marine pilotage

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Godecki Z.

Prawo Morskie

2006

vol. 22

201-214

The normalization of marine pilotage within the maritime code, the statute of maritime safety, and the executive regulations of these statutes is controversial in many aspects regarding their technical and substantive correctness. This is especially apparent in light of the fact that the service is not provided by the state (maritime administration) but by private operators who are taking advantage of their constitutional rights to conduct business. Furthermore, the service is realized by pilots who enjoy the same rights as well as the freedom to work. This article includes a critical analysis of these regulations regarding state control of pilotage and provides material for analyses to formulate proper conclusions both 'de lege lata' and 'de lege ferenda'. Over fifty propositions for urgent revisions of the maritime code, including the pilotage issue, have been published in the relevant literature. These regulations appear to be the weakest section of the code. However, the author analyzes only article 229. Combined with article 36 of the statute of maritime safety and executive acts for these rules, this article presents a very poor picture of the legislation in this field.

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1 Prawo Morskie

1 Godecki Z.

1 2006

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State control over private marine pilotage